Please note

Our panel of solicitors are no longer able to assist with compensation claims for accidents abroad.

The time limit (or limitation date) for making a compensation claim following an accident or illness in Spain will vary, and holidaymakers are advised to act quickly to ensure they have enough time to pursue a claim.

Circumstances of injury or illness

Limitation date*

On a flight to or from Spain, in a hotel, or during an pre-booked excursion or activity, and where the holiday was booked through a UK-based package tour operator

3 years

Injury or illness in Spain during a trip that was booked privately (not booked through a UK tour operator)

Our network of solicitors do not currently have the capacity to take on holiday-related injury and sickness claims outside the UK. It is recommended that you contact a personal injury specialist solicitor to discuss your options as soon as possible, as some jurisdictions have limitation dates of less than the three year limit that is standard in the UK.

Even if you are unsure about making a claim when you return home, there is much you can do (as soon as your health and circumstances allow) to keep your options open and strengthen a potential injury claim.

Phone 112 to speak to the Spanish emergency services. Incidents including road accidents and criminal assaults can be reported one of several Spanish police forces (the Policia Nacional, the Guardia Civil (Civil Guard) and regional police, Policia Foral in Navarre, Ertzaintza in the Basque Country and the Mossos d'Esquadra in Catalonia). The Civil Guard can also be contacted by calling 062.

Whether you have returned home from Spain, are being treated in a Spanish hospital, or are continuing with your holiday, following these steps can give your claim a better chance of success.

In a medical emergency, phone 112 or 061 to arrange an ambulance (ambulancia). The Spanish word for A&E department is "urgencias".

British visitors to Spain are entitled to a European Health Insurance Card (EHIC). The EHIC enables injured holidaymakers to seek medically necessary state-provided healthcare from a Spanish hospital, under the same conditions as a person with Spanish health insurance.

The EHIC does not cover travel costs or stolen property and is not a substitute for travel insurance or making a claim following an injury.

Package tour operators in Spain

Many of the major UK holiday companies operate package holidays to Spain, including Thomson, Thomas Cook, First Choice and Saga Holidays. Popular package tour resorts include the Costa de Almeria, Costa Blanca and Costa Dorada.

The injury or illness should be reported to the tour company's representative at the resort in Spain. If there is no rep available, a report should be made to the operator's UK head office.

Below are listed some of the most popular Spanish resorts and hotels, as promoted by tour operators in 2016:

Climbing and walking holidays in the Pyrenees, Picos de Europa, Sierra de Guadarrama and Sierra Nevada regions, surfing in Santander and cycling across Andalusia are popular with travellers.

Although activity holidays do carry inherently higher risks, tour operator, organisers and instructors are likely to be liable for any injuries that result from their negligence, including broken arms, leg fractures, spinal injuries and concussion.

According to Government data, the road accident rate in Spain is almost 30% higher than in UK. Motorways in Spain are reported to be particularly dangerous.

Reporting a road accident to the Spanish authorities is recommend. Under Spanish law, criminal jurisdiction takes precedence over civil jurisdiction, and criminal courts can award injury compensation. It is common for claimants in Spain to lodge a formal complaint with the criminal court for this purpose.

Meet the team

Our national network of solicitors handle all types of personal injury claims and have a wealth of expertise with short-term, serious and life-changing injury claims. Our lawyers are selected on the basis of their success rate in winning claims and their knowledge and expertise.

About the author

Paul is a member of the Law Society Personal Injury Panel, a member of the Association of Personal Injury Lawyers, and has served as a Deputy District Judge, giving him a uniquely broad understanding of the claims process.

Quittance Legal Services is a panel of personal injury solicitors. The personal injury solicitors are regulated and authorised by the Solicitor Regulation Authority (SRA). The Authority's rules can be accessed at http://www.sra.org.uk.

Quittance Conveyancing is a trading style of Premier Property Lawyers Limited. Premier Property Lawyers is regulated by the Council for Licensed Conveyancers. The company's authorisation can be accessed at https://www.clc-uk.org.uk. Premier Property Lawyers Ltd is registered in England and Wales. Company No: 04323405. VAT No: 231822924.